Collaborative Governance in Local Government: How State Law Shapes Community Problem-Solving through Intrastate Preemption

Abstract

How may local government, nested in state government as a creature of state law, effectively engage in collaborative governance? What if it finds itself thwarted by state legislation related to policy solutions that community stakeholders identify through collaborative governance as steps to mitigate climate change? This article examines how state legislation may limit or empower local government to use collaborative governance to address climate change. It uses Institutional Analysis and Development with a particular focus on state law as rules that shape municipal action arenas. Legal scholars term state legislation that limits local government action as state preemption or intrastate preemption. Using a 50-state review of state statutes regarding single use plastic bags, fracking, electricity supply, and broadband, this article identifies patterns of intrastate preemption of municipal government authority to adopt policies or ordinances related to the environment. It identifies patterns in states adopting intrastate preemption related to majority political party in the state legislature and governorship. It concludes intrastate preemption may inhibit collaborative governance and community problem-solving by limiting municipal policy choices. This research illustrates the importance of controlling for state law in research on municipal collaborative governance in policy-making.